Canadian new-born of a USC

[VanessaTony 3,567]

http://travel.state.gov/passport/get/first/first_826.html

FACT SHEET

Child Citizenship Act Of 2000

3. Q: Will a child who has met the requirements of this new law need to apply for a passport from the State Department or a Certificate of Citizenship from the Immigration and Naturalization Service (INS) in order to become a citizen?

A: No. As soon as the law''s requirements have been met, the child acquires U.S. citizenship automatically without the need to apply for either a passport or a Certificate of Citizenship.

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Even though the child automatically derive US citizenship under the CCA, it is extremely import to get the child at least a US passport. The US passport is proof of US citizenship.

For example; A child meets all the requirements of the CCA. Child never gets a US passport or Certificate of Citizenship. Child leaves the US after 20 years in the US, and reside outside the US for 5 years. Child attempts to fly home, but has no proof of US citizenship. Opps. Child must now provide proof that he met all four requirements of the CCA before he can apply for a US passport to return to the US.

Okay I apologise (I'm still learning this stuff and forgot to check the passport stuff... noob move) but you do raise the next point which is given the automatic acquisition the parents SHOULD get the child a US passport as the child wouldn't be able to leave/enter the US as an LPR anymore and has the whole "must leave and enter the US on a US passport" requirement that any other USC has... correct?

So the child enters the US as an LPR, becomes a USC automatically, parents get the child a US passport in order to prove citizenship status. Right?

[aaron2020 11,651]

Okay I apologise (I'm still learning this stuff and forgot to check the passport stuff... noob move) but you do raise the next point which is given the automatic acquisition the parents SHOULD get the child a US passport as the child wouldn't be able to leave/enter the US as an LPR anymore and has the whole "must leave and enter the US on a US passport" requirement that any other USC has... correct?

So the child enters the US as an LPR, becomes a USC automatically, parents get the child a US passport in order to prove citizenship status. Right?

Right. The US passport makes proving US citizenship simple.

Without a US passport or Certificate of Citizenship, multiple documents are required to prove that the child met the four requirements of the CCA to be a US citizen. The child would need his US parent's US passport or Certificate of Naturalization to prove the parent was/is a US citizen. The child would need proof that the child reside with that parent, perhaps school records listing the parent and child's common residence. Finally, the child would need his green card to prove that he was under 18 when he became an LPR.

A US passport proves US citizenship and allows for international travel. It cost about a $100.

A Certificate of Citizenship proves US citizenship only. It is not valid for travel. It cost $600.

Most people will opt for the US passport. No reason to get the Certificate of Citizenship.

[tapas777 0]

thx for your reply.

could you please check this out

http://www.dazlaw.com/index.php?option=com_content&view=article&id=117:green-cards-for-children-born-on-trips-abroad&catid=34:columns&Itemid=54

[ceadsearc 516]

Those examples do not fit your case. You already have a green card, so case 1 doesn't work. And in case 2, the MOTHER must be a green card holder and must be on a short trip abroad - not living abroad. Your wife is a USC (and living abroad) so a petition needs to be filed to allow the child to come as an immigrant and then acquire citizenship.

[aaron2020 11,651]

thx for your reply.

could you please check this out

http://www.dazlaw.com/index.php?option=com_content&view=article&id=117:green-cards-for-children-born-on-trips-abroad&catid=34:columns&Itemid=54

I am aware of the exceptions, and your child does not qualify for any of them. Your wife must file an I-130, and your child must be issued an immigration visa.

The first exception does not apply because the child can enter the US if the child was born after an immigration visa was issued to a parent and the parent must bring the child on the first entry into the US. Neither you or your wife (the parents) are entering the US on an immigration visa for the first time.

The second exception does not apply because the mother must be a legal permanent resident temporarily outside the US. Your wife, the mother, is a US citizen.

This leaves you with the general rule - your wife MUST file an I-130 and obtain an immigrant visa for your child.

[tapas777 0]

Can the newborn go to USA using his/her Canadian passport? or should we apply for I-130 in a US embassy in Canada before he/she can fly to USA?

I am aware of the exceptions, and your child does not qualify for any of them. Your wife must file an I-130, and your child must be issued an immigration visa.

The first exception does not apply because the child can enter the US if the child was born after an immigration visa was issued to a parent and the parent must bring the child on the first entry into the US. Neither you or your wife (the parents) are entering the US on an immigration visa for the first time.

The second exception does not apply because the mother must be a legal permanent resident temporarily outside the US. Your wife, the mother, is a US citizen.

This leaves you with the general rule - your wife MUST file an I-130 and obtain an immigrant visa for your child.

[tapas777 0]

My wife is a USC (Naturalized in 2002; and did not live there for 5 years). I am a GC holder. First child got a GC and upon admission to USA, she got a US passport.

We are expecting a second child in October. If my wife gave birth in Canada, can the newborn travel back with us to USA using his/her Canadian passport?

Thx

[LIFE'SJOURNEY 970]

What is your wife and your legal status in the US?

What is your wife and your legal status in Canada?

Please answer truthly, the answers will give the correct solution to your questions.

[tapas777 0]

In USA, my wife is an American citizen; and I am a green card holder since Sept 2011.

In Canada, both of us hold a valid work permit until Mar 2013.

What is your wife and your legal status in the US?

What is your wife and your legal status in Canada?

Please answer truthly, the answers will give the correct solution to your questions.

[Penguin_ie 5,994]

*** two topics on the same issue merged. PLease do not start a new topic on your question; if you have follow up questions or additional info, post in in this thread. ****

[tapas777 0]

Our first daughter is a Canadian by birth/American according to Child Act 2000.

In USA, my wife is an American citizen; and I am a green card holder since Sept 2011.

In Canada, both of us hold a valid work permit until Mar 2013.

[LIFE'SJOURNEY 970]

In USA, my wife is an American citizen; and I am a green card holder since Sept 2011.

In Canada, both of us hold a valid work permit until Mar 2013.

Your wifes USC is by naturalization, she holds a US passport. Then youll need to file a CBR at the US embassy in Canada for the new-born child. Is there a reason why the wife can not pass here USc on to the child. Does she meet all of the requirements; i.e lived in the US 5 years after the age of 14. You'll are maintaining status in the US correct, filing your yearly taxes?

[aaron2020 11,651]

Can the newborn go to USA using his/her Canadian passport? or should we apply for I-130 in a US embassy in Canada before he/she can fly to USA?

No. Your child cannot use a Canadian passport to immigrate to the US.

You cannot simply file that I-130 before flying home. The I-130 is only the first step. Your daughter ultimately need a visa.

Contact the nearest US Embassy/consulate before you do anything.

[tapas777 0]

We r filling taxes yearly. My wife does not pass the 5-years physical presence in US in order to automatically pass US citizenship for our children.

That's why I am asking if our second child can go back to US using a Canadian passport?

o

Your wifes USC is by naturalization, she holds a US passport. Then youll need to file a CBR at the US embassy in Canada for the new-born child. Is there a reason why the wife can not pass here USc on to the child. Does she meet all of the requirements; i.e lived in the US 5 years after the age of 14. You'll are maintaining status in the US correct, filing your yearly taxes?

[LIFE'SJOURNEY 970]

We r filling taxes yearly. My wife does not pass the 5-years physical presence in US in order to automatically pass US citizenship for our children.

That's why I am asking if our second child can go back to US using a Canadian passport?

o

Okay, as AAron has stated you and your wife needs to consult the US embassy in Canada, do not try to enter on a Canadian passport. POE will not let you through, wife US passport, Husband Egypt passport w Green card, Child US passport and newborn Canadian passport.

POE will STOP you'll from leaving Canada. GO TO THE nearest US embassy for directions.